New York Disability Lawyer Herbert Forsmith Answers Questions About Appealing a Denial of Benefits

How long do I have to appeal my denial?

You have 60 days from the receipt of your denial letter. The Social Security Administration assumes that you will receive any communications five days after they are sent in the mail, so you effectively have 65 days from the date of denial to file an appeal. Don’t wait until the last minute, though. If you fail to appeal within the time limit, you will need to start over with a new application. This will not only take longer to receive benefits; it may also decrease your available back benefits. Because most cases are won in the hearing stage, the goal in the first stages (your initial application and your reconsideration) is to get through them as quickly as possible. Therefore, you should appeal as soon as possible after receiving your denial letter. If you are not already represented by a New York disability lawyer, you should try to find one shortly after filing your appeal.

How do I appeal?

You can appeal online, by telephone, or in person. If you have access to a computer and the Internet, appealing online is probably easiest. Go to the Social Security Administration website, and fill out this form. No matter what method you use to appeal your denial, be sure to keep any documents that prove you filed the appeal on time (a computer printout, a copy of your form signed by the SSA, or a certificate of mailing). If you have been denied disability benefits, don’t give up. Most cases are won on appeal, and an experienced New York disability lawyer can help increase your chances. Fill out the claim evaluation form on this page for a free assessment by Herbert Forsmith.

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